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HomeMy WebLinkAboutZBA-05/01/1975 APPEAL BOARD MEW~BER Robert W. Gillispie, .Jr., ChaiFman Robert Bergen Charles Grigoni% Jr. Serge Doyen, Jr. Fred Huls¢, Jr. $outhold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11.'~1 'Telephone 765-26t50 MINUTES Southold Town Board of Appeals May 1, 1975 A regular meeting of the Southold ToWn Board o~ Appeals was held at 7:30 P.M. (E.D.S.'T.), Thursday, May 1, 1975, at the Town Office, Main Road, Southotd, New York. There were present: Messrs: Robert W. Gilli~pie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr. Also present: William Terry, Nortk Fork Environmental Council; Robert Rinklin, The Suffolk Weekly Times. 7:30 P,M. (E?D.S.T.), lSen, ~ttO~nsy. .A at-9i:30 p.M., March 2:0 the' P ~zon.. o:f the ission is that to be a App postponed until the May 1, I975 meeting. Southold Town Board of Appeals -2- May l, 1975 The legal notice of hearing for this Appeal No. 2018 which was heard on March 20, 1975, reads as follows: 9:30 P.M. (E.D.S.T.) upon application of Gary Olsen, Esq. a/c Sven Engtund, 134-40 Hook Creek Boulevard, Rosedale, N. Y. for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118 for permission to reinstate a pre-existing use. Location of property: North side of County Road 27, Mattituck, bounded on the north by M. G. Long; east by T. Maranges & Wf.; south by County Road 27; west by W. Gatz & wf. After investigation and inspection the Board finds that applicant requests permission to reinstate a pre- existing use on premises located on the north side of County Road 27, Mattituck. The findings of the Board are that appliCant's intended use of the property is similar to the use of the property made by Mr. K. G. Brown. Applicant Wishes to use the property for a machine shop for the turning of stainless steel and aluminum shafts ~sed in airplane fueling equipment, and also to do aluminum castings and welding. Applicant states that the propo~sed uses would not create any noxious fumes or noise. Applicant has plans to renovate the existing building and make it more attractive. This is to be, basically, a family type operation conducted by applicant and one or two sobss The existing building was used by K. G. Brown Manufacturing Co. for the making of farm machinery, and repairs to same, and the making of ice making and vending equipment. Some offstreet parking can be provided by removing some of the old wooden shed. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood; and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Gary Olsen, Esq. a/c Sven Englund ,134-40 Hook Creek Boulevard, Rosedale, N. Y. be GRANTED PermissiOn to reinstate a pre-existing use of property tocated~ on the north side of County Road 27, Mattituck, New York,, a~s applied for, subject to the following conditions~ Southold Town Board of Appeals Vote of the Board: Grigonis, Hulse. -3- May 1, 1975 1. That applicant will have five (5) lathes and two (2) milling machines for production at this location; and that the installation of any new machines will have to receive approval of the Board of Appeals. 2. That the number of employees may not exceed three (3) persons. 3. That applicant shall provide off-street parking for three (3) vehicles, and shall make provision for off-street deliveries and pick-ups. 4. That portions of the old wooden building attached to the main house shall be removed to provide for some off-street parking. That applicant shall improve the building. Ayes:- Messrs: Gillispie, Bergen, 7:45 P.M. (E.D.S.T.) William Herman, Appeal No. 2014i Rudolph Bruer, Attorney. A public hearing w-as h~ld on this application at 8~45 P.M., March 20, 1975, at which time decision was reserved and the application wa.s referred to the Suffolk County Planning Commission. After receipt of recommendations from the Suffolk COunty Planning Commission the attorney for the applicant was-informed that the Planning Commission was unable to review the application because of incomplete information and maps. They require that exact variances be specified with reference to specific sections of the Zoning Ordinance and that a plot plan showing the exact location of the proposed dwelling be submitted to them. The legal notice of hearing for this Appeal No. 2014 which was heard on March 20, 1975 reads as follows.: 8:45 P.M. (E.D.S.T.) upon application of Rudolph Bruer, Esq. a/¢ W±lliam Herman, 11 Levon Lanel, Miller Place, N. Y. for a variance in accordance with the zoning Ordinance, Article III.. Sectio~ 100-30 and Bulk Schedule for permission to construct one family dwelling with insufficient width and setbacks. Location of property: N/S Sound View Avenue, Southold, Lot No. 5 of N. Goldin, Map ~1106. Fee paid $ 15. Southold Town Board of Appeals -4- May 1, 1975 After investigation and inspection the Board finds that applicant requests permission to construct one family dwelling with insufficient width and setbacks on property located on the north side of Sound View Avenue, Southold. T~e findings of the Board are that this property is within 500 feet of the County Road, and about 40 f~et to the water's edge. This is a very limited piece of property in regard to size and topography. The Board also finds that applicant has not submitted a plot plan Of the property sh~wing the exact proposed location of the proposed dwelling or exact variances with reference to specific sections of the Zoning Ordinance. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique, and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Rudolph H. Bruer, Esq. a/c William Herman, 11 Levon Lane, Miller Place, N. Y. be DENIED permission to construct one family dwelling with insufficient width and setbacks on property located on the north side of Sound View Avenue, Southold, as applied for. This denial is made without prejudice to future applications. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen, Grigonis, Hulse. Decision of the Board on Appeal No. 2026, Robert Tabasko a/c Mattituck M~tel, Bay Avenue, Mattituck, N. Y. A public hearing~ was held at 9:30 P.M., April 10, 1975 at which time the Board granted tentative approval prior to submission of the application to the Suffolk County Planning Commission for review. The Planning Commission reviewed the application and their recommendation is that this is "considered to be a matter for local determination". Final approval of the Board of Appeals follows: The legal notice of hearing for Appeal No. 2014, which was heard on April 10, 1975, reads as follows: Southold Tow~ Board of Appeals -5- May 1, 1975 9:30 P.M. (E.D.S.T.) upon application of Robert Tabasko a/c Mattituck Motel, Bay Avenue, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 (f) for permission to erect off-premises directional sign. Location of property: Land of Mill-Matt Agency on $/W corner of Marline Lane and Main Road, Mattituck, New York, bounded on the north by Main Road; east by Frank Pumil!o; south by J. Skuro; west by Marline Lane. Fee paid $ 15. After investigation and inspection the Board finds that applicant requests permission to erect off-premises directional sign for his motel business. The findings of the Board are that the applicant lost a similar directional sign when the new bank was built. This sign was located about 200 feet from where the sign, under application, is proposed to be erected. The Board is of the opinion that this is a necessary sign in the interest of the traveling public. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, Robert Tabasko a/c Mattituck Motel% Bay Avenue, Mattituck, New York, be GRANTED permission to erect off-premises directional sign, as applied for, on property of Mill-Matt Agency at ~/W corner of Marline. Lane and Main Road, Mattituck, New York, subject to the following conditions: That this sign shall be located at least fi~e (5) feet from any property line. That the maximum size of this sign shall be no larger than 4' x 6' 2. That the sign shall be subject to all rules and regulations governing signs ia the Town of Southold. That the sign shall be granted for a period of one (1) year, renewable annually upon written application to the Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -6- May 1, 1975 Decision of the Board on Appeal No. 2027, Harry J. Baglivi, Main Road, Peconic, New York. A public hearing was held at 9:40 P.M., April 10, 1975 at which time the Board granted tentative approval prior to submission of the application to the Suffolk County Planning Commission for review. The Planning Commission reviewed the ~pplica- tion and their recommendation is that this is "considered to be a matter for local determination, subject to com- pliance with the six conditions set forth by the Zoning Board of Appeals" Final approval of the Board of Appeals follows: The legal notice of hearing for Appeal No. 2027, which was heard on April 10, 1975, reads as follows: 9:40 P.M. (E.D.S.T.) upon application of Harry J. Baglivi!, Main Road, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article XIV, Section 100-141 for permission to erect additional on-premises sign. Location of property: Land of A. Rheinhardt, N/S Main Road, Peconic, New York, bounded on the north by Irving Newman and Another; east by George Berkoski; south by Main Road; west by L. A. Gozelski. Fee paid $ 15. After investigation and inspection the Board finds that the applicant requests permission to keep his street sign. This street sign would be in addition to roof and sidewall signs for which applicant has had a special exception. The applicant's business is off the Main Road to the rear of the property and, therefore, needs sufficient advertising and directional signs. The Board agrees ~n general with the reasoning of the applicant. This application shall be subject to conditions as set by the Board of Appeals. The Board finds that the public convenience and welfare and justice will be served and the legally eStablished or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED Harry J-' Ra?]iv~ a/c Peconic Trading Post, Main Road, Peconic, New York, be GRANTED permission to erect additional on-premises ground sign as applied for on property of A. Rheinhardt located off N/S Main Road, Peconic, NeW York, subject to the following conditions: Southold Town Board of Appeals -7- May 1, 1975 That the sign be raised to at least four feet above ground level and relocated at least five feet from any property line. That the information on the sign be limited to "ANTIQUES" with an arrow directing to the rear. That the applicant eliminate all wall signs. That this sign shall be no larger than 4' x 6' and subject to all rules and regulations governing signs in the Town of S~uthold. Tha.t this sign shall be granted for a period of One (1) year, renewable annually upon written application to the Board of Appeals. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, Decision of the Board on Appeal No. 1999, Emanuel Tsontos, 260 Jericho Turnpike, Mineola, New York. A public hearing was held at 8:30 P.M., March 20, 1975 and a rehearing of amended application at 9:50 P.M., April 10, 1975 at which time the Board "RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1999, Amended application of Emanuel Tsontos, until such time as action is received from the Suffolk County Planning Commission~ The Planning Commission reviewed the application and state %hat this application "is not within the jurisdiction of the Suffolk County Planning Commission". Final action of the Board of Appeals is as follows: The legal notice of hearing for Appeal No. 1999, which was heard on April 10, 1975, reads as follows: section B (3) for permission to use land zoned "C" for multiple dwellings. LoCation of property: S/S Sound Avenue, Mattituck, New York, bounded on the north by Demchuk, R~ Davis, Sound Avenue, L. Yarusso, Worthington & Others; east by j. Berdinka, J. Sinko, L. Oloeckler, F. zanes~i, w. Jackowski & Others, and Factory Avenue; south by L.I.R.R.; west by Walgo Demchuk. Fee paid $ 15. Southold Town Board of Appeals -8- May 1, 1975 After investigation and inspection the Board finds that applicant proposes to erect 35 multiple dwellingsunits on a tract of land consisting of 321,995.52 sq. ft. of area. He proposes to erect eight (8) four unit dwellings and one (1) - three unit dwelling. The applicant proposes to furnish water from wells which have been tested by the Suffolk County Board of Health, but not yet approved. His proposal is to furnish sanitary facilities which are subject to the approval of the Suffolk County Board of Health. This is a permitted use by the Zoning Ordinance in the "C" Industrial zone. The applicant also proposes to furnish the following amenities: swimming pool, recreation building, administration building, tool shed, pump house & yard house. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, se6onded by Mr. Hulse, it was P~SOLVED Emanuet Tsontos, 26 I. V. Willets Road, West North Hills (Rostyn P.O.), New York, be GRANTED permission to use land zoned "C" for multiple dwellings, on property located off S/S Sound Avenue, Mattituck, New York, as shown on map dated as received by ~he Town of Southcld on February 4, 1975, Site Plan 9 3. This approval ~s subject to the following conditions: 1. That the number of units be limited to thirty-five (35). That variances will have to be applied for on any structures which are too close to sidelines and violate Bulk requirements of Ordinance. Tha~-all wells and sanitary facilities shall be approved by %he Suffolk County Board of Health; and that this application shall be subject to any applicable State or County approval. 4. That this application shall be subject to site plan approval of the Southold Town Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. ~outhold Town Board of Appeals -9- May 1, 1975 PUBLIC HEARING: Appeal No. 2028 - 8:00 P.M. (E.D.S.T.) upon application of Donald, Arcur~, 60 E. 4th Street, Patchoque, New York for a variance in accordance with the Zoning 0rdin~nce, Article III, Section 100-35 for permission to erect fence over four (4) feet ~n height in front yard area. Location of property: East side of Lighthouse Road, Southold, New York, bounded on the north by L. I. Sound; east by D. Anderson; south by D. Anderson; west by Lighthouse Road. Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read Notice of Violation which was issued by the Building Department on March 27, 1975. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. DONALD ARCURI: It is my application. THE CHAIRMAN: You propose to erect a stockade fence? MR. ARCURI: Yes, on the side facing Lighthouse Road. MR. ROBERT BERGEN: How high do you wish to make it? MR. ARCURI: I would like to make it 6 feet high. I think that 4 feet high would be like having no fence at all. TEE CHAIRMAN: A chain link fence would not give you any privacy. We have granted similar requests in the past in cases where residences adjoined a public beach. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) kfter ~investigation and inspection the .Board finds that applicant ~equestS permission to erect fenc~'over four (4') feet in height in front yard area of property iocated on the east side of Lighthouse Road, Southold, New YOrk. The findings of the Board are that the parking lot across the street and the dead-end Lighthouse Road to the west precludes the possibility of any privacy. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -10- May 1, 1975 The Boarddfinds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this proPerty and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Donald Arcuri, 60 E. 4th Street, Patchogue, New York, be GRANTED tentative approval only for permission to erect fence over four (4) feet in height in front yard area on property located on the east side of Lighthouse Road, Southold, New York, as applied for, subject to the following conditions: That this is a tentative approval only, subject to the action of the Suffolk County Planning Commission (within 300 feet of Long Island Sound) at which time a final action will be determined by the Board of Appeals. That the fence to be located on the west and south property lines shall be no higher than six (6) feet. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: G±llispie, Bergen, PUBLIC H~A~ING: Appeal No. 2029 - 8:10 P.M. (E.D.S.T.) upon app~ica~ion o~ Thomas Y~asso d/b/a Willis~on Beverage, I~c., ~n R~d, MattitUck, ~w York for a v&~iance in accordance w~th th~ Zoning~Ordinance, Articl~.'VII, Section t00-70 and Buik Schedule for Permission to c~nstr~c% addit th reduced sideyard area and to cover more than perm Location of property: south side of Ma~ 5), Mattituck, New ~'ork, b~undedl on the n~ Road; east by H. E. Kande~; so~th by L. Alger & L. Lyndsey; west b.y L~. Lyndsey. Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -11- May 1, 1975 The Chairman also read Notice of Disapproval which was issued by the Building Department on March 31, 1975. THE CHAIRMAN: Thee applicant's lot is approximately 10,000 sq. ft. in size. It is severely limited in the rear yard area. I believe that the applicant is furnishing four or five parking spaces in the front yard area of the building. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. THOMAS YASSO: Basically, I could get about seven or eight cars in front MR. ROBERT BERGEN: If they are not too big. MR. YASSO: I made the spaces 8 feet wide. We figured that our average customer is in the building no more than five or at the most ten minutes. MR. BERGEN: I would say that it is no more than two or three minutes. MR. BERGEN: By putting this new building up, will you be able to drive into the side and unload? MR. YASSO: I intend to have the loads backed up into the rear yard. A Hi-Lo requires 12 feet to spin in. At the corner of the building it's 15 feet. All the trucks are required to back UP 20 feet past the present building. I have a problem because they unload in the front and they get in the way; it gets to be hazardous after awhile. The reason for the 30 foot wide building is that I require a 12 foot aisle to move stock around. THE CHAIRMAN: Are you using part of the Main Road? MR. YASSO: I have 17 feet from the Main Road to my building. The balance belongs to the State. When we took the trees down, all of the trees were on our property and they were out 16 feet. Parking is a big probT~m. CHAIRMAN: (Referring to survey) People do park in this area, don't they? MR. YASSO: Very seldom. There is some parking across the street; I have customers who park across the street. Southold Town Board of Appeals -12- May 1, 1975 MR. ROBERT BERGEN: Do you have to get permission from the State Highway Commission to put blacktop on. MR. YASSO: No. MR. BERGEN: When you back out you are partly on their property although I think there is enough room there. THE CHAIRMAN: Maybe you could paint your lines on a slant. How often do you have deliveries? MR. YASSO: Once a week on an average. The bigger loads come every two weeks. THE CHAIRMAN: I am not sure that if we reduced your lot coverage we would gain anything as far as parking is concerned. MR. YASSO: That's a State road isn't it? THE CHAIRMAN: Yes. They are pretty strict about parking, particularly on a State highway. We will send our findings to the Suffolk County Planning Commission. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals reserve decision on Appeal No. 2029, Thomas Yasso d/b/a Williston Beverage, Inc., Main Road, Mattituck, New York, as applied for, until such time as action is received from the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2030 - 8:25 P.M. (E.~D.S.T.) upon application of George Ahlers, Inc., .250 Cox La~e, Cutc~ogue, N. Y. a/c M¥1es and Barbarla ~a~t, ~23 Cro~sby ROad, Huntington, New York for a variance in a~o~dance with the Zoning Ordinance' Article III, SectiOn t01~30 and Bulk Schedule for permissIon to construct additlon to existing dwelling with insufficient front yard setback. Location of property: Private Road off W/S of Private R.O.W.- Camp Mineola Road or Reeve Avenue, Mattituck, New York, bounded on the north by Folly Beach Ltd.; east by P. Kelly; south by Private Road off W/S Private R.O.W.- Camp Mineola Road or Reeve Avenue; west by Folly Beach Limited. Fee paid $ 15.00. Southold Town Board of Appeals -13- May 1, 1975 The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: There is a letter in the file dated April 26, 1975 from Folly Beach Limited, Reeve Road, Mattituck, New York stating that Folly Beach Limited has no objection to the zoning variance requested by Myles and Barbara Hart for their property on Reeve Avenue, Mattituck. s/s C. Edmonds Allen, President. We have also received a letter, dated April 28, 1975, from William J. Tufano and Julio Grilli stating that the undersigned co-owners of two (2) improved parcels on the south side of the above applicant's property and con- tiguous to the common right of way have no objection to the granting of asvariance from front yard setback as detailed in the application. The property, in question, is on a dead-end right of way. Much of this property is marshy land. The house is located on the best part of the lot as far as upland is concerned. The applicant plans to raise the house. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. MYLES HART: I think the application speaks for itself. Part of the application is for a deck to project out seven (7) feet from the existing house and we propose a 12' x 20' extension that is goin~ on the Side. We will remove the 7 foot existing stairway in the front so we will not be coming out any further than before except this way the room on the side will come out this far(indicating room on sketch) andhthe deck will be in front of it. For the betterment of the community the barnlike structure in the back will be removed. THE CHAIRMAN: How high will you raise the house? MR. GEORGE AHLERS: We established the grade one (1) foot above the then existing floor. MR. HART: We had a big blow in 1968 and we ~sed the water mark on the wall as the high water mark. MR. BERGEN: There was a tidal wave then. MR. HART: I have been told by some of the experts that this is as high as it will be. Southold Town Board of Appeals -14- May 1, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct addition to existing dwelling with insufficient front yard setback on Private Road off W/S of Private right of way, Camp ~ineola Road or Reeve Avenue, Mattituck, N. Y. The findings of the Board are that this is the most logical area in which to expand the house and that the applicant proposes to raise the house to offset the possibility of high tides. The property is located on a dead-end right of way and neighbors are in complete sympathy with this application. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, George~Ahlers Builders, Inc., 250 Cox Lane, Cutchogue, N. Y. a/c Myles and Barbara Hart, 23 Crossby Road, Huntington, N. Y. be GRANTED' tentativs approval only for permission to construct addition to existing dwelling with insufficient front yard setback on Private Road off W/S of Private right of way, Camp Mineola Road or Reeve Avenue, Mattituck, N. Y., as applied for, subject to the following condition: That this is a tentative approval only, subject to the action of the Suffolk County Planning Commission (within 300 feet of shore line) at which time a final action will be determined by the Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -15- May 1, 1975 PUBLIC HEARING: Appeal No. 2031 - 8:35 P.M. (E.D.S.T.) upon application of James Lynam, 380 Sound Avenue, Peconic, New York for a variance in accordance with ~he Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side yard area. Location of property: north side of Sound Avenue, Peconic, New York, parts Of lot numbers 7 & 8 of "Peconic Shores" subdivision. Fee paid $ 15. The Chairman opened the hearing by reading the application and legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The final survey indicates that applicant has a four (4) foot side yard. He has 58' on Sound Avenue and 59' plus or minus on the waterfront, and the lot is approximately 350 feet deep. Is there anyone present who wishes to speak for this application? MR. JAMES LYNAM: When I had the carpenter in to fix up the garage, I assumed when I looked at the map that I had 19 feet. I put on the addition. I talked to Mr. Howard Terry and George Fisher checked and could not find any markers. THE CHAIRMAN: You have more room on this side than you would have had on the other. MR. LYNAM: We were still short when we saw the survey. THE CHAIRMAN: Quite a few of the houses in this area are as close as you are. You can't tell where the lines are by looking at them. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct addition with in- sufficient side yard area located on the north side of Sound Avenue, Peconic, New York. The findings of the Board are that many of the houses in this area are on narrow lots and the side yards are considerably reduced in many cases. The Board agrees with the reasoning of the applicant. ~ The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -16- May 1, 1975 On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED James. Lynam, 380 Sound Avenue, Peconic, New York - be GRANTED tentative approval only to construct addition with insufficient side yard area on the north side of Sound Avenue, Peconic, New York, subject to the following condition: That this is a tentative aDproval only, subject to the action of the Suffolk County Planning Commission. After action has been received a final determination will be made by the Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Mr. Fred Hulse requested that the April 24, 1975 minutes regarding Louis Komarek, Public Relations Officer for the Island's End Golf Course, show on page 4 that in order to avoid the possibility of a conflict of interest Mr. Hulse left the room during the discussion in connection with Island's End Golf Course. The correction has been made. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED THAT THE MINUTES OF THE Southold Town Board of Appeals dated April 10, 1975, be approved as submitted, subject to minor corrections which have been made by the secretary. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Gillispie, seconded .by Mr. Grigonis, it was R~SOLVE~ that the Minutes of the Southold Town.Board of Appeals dated April 24, 1975 be approved as submitted subject to minor corrections and %he addition on page 4 - "%hat in order to avoid the possibility of a conflict of interest Mr. Hulse left the room during %he discussion in connection with Island's End Golf Course" Vote of the Board: Ayes:- Messrs: Gillispie, Bergen., Grigonis, Hulse. Southold Town Board of Appeals -17- May 1, 1975 PUBLIC HEARING: Appeal No. 2032 - 8:50 P.M. (E.D.S.T.) upon application of ~arold Stetler, 27 Mindres Avenue, Brentwood, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B 9 (a) for permission ta use property for dockage and mooring privileges for small boats as an accessory use. Location of property: E/S Gull Pond Lane, Greenport, New York, (southerly lot), bounded North: N 66° 01' 20" E. 165!; East: 135+ on W/S Canal; South: along northerly line of Lot 12, Fordha~ Acres S 60° 54' 30" W. 188' +; West: along East side Gull Pond Lane N 68° 19' 00" W. 88~9' & N 43° 00' W. 51.51' Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: For the benefit of the Board and Mr. Stetler a variance was granted on February 27, 1975 which created this lot, subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use, a special exception shall be applied for from the Board of Appeals. 3. Site Plan approval Shall be obtained from the Planning Board. 4. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. Tha~ this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. THE CHAIRMAN: Is there anyone present who wishes to speak for t'his application? MRS. STETLER: We have a hearing set for the end of June with the Department of Environmental Conservation. We have also applied to the Army Corps of Engineers. THE CHAIRMAN: Have covenanted agreements been filed with the County Clerk's office? Southold Town Board of Appeals -18- May 1, 1975 MR. HAROLD STETLER: Yes. THE CHAIRMAN: In the original variance which created the size of these lots we did not discuss the size of a building. A building about the size of a two qar garage would be~ about right. Will it just be used for storage? MR. STETLER: MRS. STETLER: THE CHAIRMAN: Yes, we just have two boats. We are not bulkheading. I don't believe that that is a concern of this Board. I would think you might have to see the Trustees before you put in stakes. MR. STETLER: Putting stakes out comes under the Army Corps of Engineers. Even if you own 20 feet out in the water it comes under the Army Corps of Engineers. THE CHAIRMAN: I would suggest you get in touch with the Town Trustees too before you put in the stakes. The Trustees are maintaining that under the original patents from the King that jurisdiction was given to them for land under water. They are quite aware of their authority. MR. L. RUTKOWSKI: Although it's man~made it still comes under the jurisdiction of D.E.C. THE CHAIRMAN: These are just two personal pleasure boats. Do you have any smaller boat~. MR. STETLER: I have a dinghy about 5' tong and 3' wide. MR. FRED HULSE: Did you get rid of your outboard? MR. RUTKOWSKI: Yes. THE CHAIRMAN: Legal counsel believes this should be limited to exactly what you are asking for. THE CHAIRMAN: Is there anyone present who wishes to speak againsk this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to use property for dockage and mooring privileges for small boabs as an accessory use on property located on the E/S Gull Pond (Southerly lot), Greenport, New York. The findings of the Board are that applicant is aware that this lot may never be used for residential use and the proposed site plan appears to be well suited to the,~ot~ The applicant proposes to dock no more than two pleasure boats. The applicant understands Southold Town Board of Appeals -19- May 1, 1975 that this is for non-commercial use only. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Harold Stetler, 27 Mindres Avenue, Brentwood, New York be GRANTED tentative approva~ only to use property for dockage and mooring privileges for small boats as an accessory use on property located on the E/S Gull Pond Lane (southerly lot), Greenport, New York, Subject to the following conditions: That the accessory building to be erected shall be no larger than 24' x 24~. It shall be no closer than 25 feet to any lot line and at least 25 feet from mean high water, and at least 50 feet from Gull Pond Lane. 2o No personal property may be stored anywhere on the premises except in the storage building. Dockage and mooring facilities shall be limited to the accommodation of not more than two non- commercial pleasure boats which shall be no larger than 42 feet in length. e This application shall be subject to all applicable Federal, State, County, and Local laws and regu- lations. 5. This application shall be subject to Site Plan approval of the Southold Town Planning Board. P~B'LIC HE~ING: Appeal No. 2033 - 9:10 P~M. (E.'D.S.T.) "'~iicati0~ of Jonathan Visel, 14755 S~u~dvieW ~venue, upon app Sou~hcld, New York for a variance in accordance.with the Zoning Ordinance, Article III, Section 100'35 for per- mission to construct front yard fence over four (4) feet in height. Location of property: north side of Soundview Avenue, Southold, New York, bounded on the north by O. Lindermayer; east by J. Bitses; south by Soundview Avenue; west by Private Road-Hyatt Road. Fee paid $15. Southold Town Board of Appeals ~20~ May 1, 1975 The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present whO wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I wish to speak against it because the hardship noted by the applicant does not differ from any other homeowner. It's not unique or unusual. The traffic is no worse on his road than many other roads in Town. THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct front yard fence over four (4) feet in height on property located on the north side of Soundview Avenue, Southold, New York. The findings of the Board are that applicant does not have an unusual situation, this is not a unique hardship. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hard- ship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Jonathan Visel~ 14755 Soundv±ew Avenue,Southold, New York be DENIED permission to construct front yard fence over four (4) feet in height on property located on the north side of SoundvieW Avenue, Southold, New York, as applied fOr. Applicant shall have thirty (30) days from May 22, 1975 to remedy this violation. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -21- May 1, 1975 PUBLIC HEARING: Appeal No. 2034 - 9:20 P.M. (E.D.S.T.) upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York a/c William MulliGan, Third Street, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 100-36 for permission to construct new one family dwelling with insufficient side yard areas. Locatio~ of property: north side of Third Street, Laurel, New York, Lot ~$ 72 on Subdivision Map of G. I. Tuthill, Suffolk County Map $ 861. Fee paid $ 15.00. The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication - in the official newspapers, and notice to the applicant. THE CHAIRMAN: The fire pretty well destroyed the house that you had there. What was the size of that house? MRS. WILLIAM MULLIGAN: 20' wide by 38' long. THE CHAIRMAN: How large will the new house be? MR. GEORGE AHLERS: About 1,070 sq. ft. with attached garage. THE CHAIRMAN: You will have to drive around the house to get to the garage in the rear. Do you have anything to add to what has been stated in your application? MRS. MULLIGAN: Only that we will be year round residents now. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds Laurel, New York. The findings of the Board are that applicant is the owner of a 50 foot lo~ %~hich was created long before zoning was initiated in Southold Town. In order to get room sizes of a sufficient size they require a 39 foot wide house. Other houses in the immediate vicinity are built close to the lot lines. The new house will replace the burned out dwelling belonging to Mr. and Mrs. Mulligan and will be an improvement to the neighborhood. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -22- May 1, 1975 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, George Ahlers, 250 Cox Lane, Cutchogue a/c William Mulligan, Third Street, Laurel, New York be GRANTED permission to construct new one family dwelling with in- sufficient side yard areas on property located on the north side of Third Street, Laurel, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2035 - 9:35 P.M. (E.D.S.T.) upon application of Lloyd Terry, Main Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a) for permission to renew f~rm labor camp permit. Location of property: south side of Main Road, Orient, New York, bounded on the north by Main Road; east by S. Koroleski, R. & H. Latham; south by Hallock Bay; west by E. Latham. Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: My understanding is that no changes have been made. Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to renew farm labor camp permit for camp located on the south side of Main Road, Orient, New York. The Board agrees with the reasoning of the applioant. Southold Town Board of Appeals -23- May 1, 1975 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED Lloyd Terry, Main Road, Orient, New York be GRANTED permission to renew farm labor camp permit on camp located on the south side of Main Road, Orient, New York, as applied for, subject to the following condition: That this permission shall run for one year; to be reviewed by the Board of Appeals in May of 1976. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. There were two (2) sign renewals reviewed by the Board and approved as submitted. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the next regular'meeting of the Southold Town Board of Appeals shall be held at 7:30 P.M. (E.D.S.T.) Thursday, May 22, 1975, at the Town Office, Main Road, Southold, New York. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Giltispie, Bergen, The following actions were inspected and signed by the Chairman on May 1, 1975: Barbara Philipp - Appeal No. 1997 Norman A. Reich - Appeal No. 2009 Chester Orlowski a/c Albert Rountree- Appeal No. 2011 Loraine Strohmeyer - Appeal No. 2016 Gary Olsen a/c Stanley A. Chase Appeal No. 2017 Philip Andrews - Appeal No. 2021 Michael T. Burke Appeal No. 2023 John & Margaret Rose - Appeal No. 2024 Clinton Whitney a/c Willow Point Assoc., Inc. - Appeal No. 2025 Southold Town Board of Appeals -24- May 1, 1975 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that t~e Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), May 22, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Herbert C. Bloore, 330 Cedar Drive, Southold, N. Y. for a variance in accordance with the Zoning Ordinance, krticle III, Section 100-30 & 100-35 for permission to construct an accessory building with insufficient setback. Location of property: E/S Cedar Avenue, Southold, N. Y., Map of Bayside Terrace, Lot No. 7. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.S.T.), May 22, 1975, a~ the Town Office Main Road, Southold, New York as the time and place of hearing upon application of Leon Schor a/c Boathouse Restaurant, Manhanset Avenue, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection C 6 (f) for per- mission to erect an off-premises directional sign. Location of property: St. Agnes Church Property - bounded on the north by now or formerly R. Preston & Others; east by now or formerly R. Preston & Others; south by John Carto; west by Manhanset Avenue - Greenport, N. Y. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:20 P.M. (E.D.S.T.) , May 22, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Alma Suter, New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A for approval of access. Location of property: N/S Main Road, Mattituck, New York, bounded on the north by Tuthill & Others; east by J. Cross; south by J. Cross & W. Adel; west by W. Adel. Vote of the Board: Ayes:-Messrs: Gillispie, Bergen, Hulse, Grigon~s~ Southold Town Board of Appeals -25- May 1, 1975 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:35 P.M. (E.D.S.T.), May 22, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Seatronics, Inc. a/c Gold- smith's Boat Shop, Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-32 as applicable to Article VIII for p~rmission to erect radio tower in excess of permitted height. Location of property: S/S Main Road- E/S Mill Creek, Southold, N. Y., bounded on the north by Main Road; east by Blue Heron, Inc.; South byPeconic Bay; west by Mill Creek. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:50 P.M. (E.D.$.T.), May 22, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Gary & Lorraine Doroski, 326 Sixth Street, Greenport, N. Y. for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: E/S Monsell La., Cutchogue, N. Y., Map of Norwold, Lots 31-35. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Giltispie, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.D.S.T.), May 22, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Paradise Aqua Farms, Inc. ~ Shelter Island Oyster Co., Sterling Avenue, Greenport, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 as applicable to Article VIII for permission to construct fencing in excess of 4 foot front yard height. Location of property: R.O.W. off N/S North Bayview Road, Southold, bounded on the north by Peconic (Southold) Bay; east by R. Kerester & Ors; south by R. Kerester & Ors; west by Reydon Shores Sub. Vote of the Board: Ayes:~ Messrs: Gilli~pie, Bet.gert, Gri~onis, Hulse. Southold Town Board of Appeals -26- May 1, 1975 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold T own Board of Appeals set 9:15 P.M. (E.D.S.T.), May 22, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Ann G. Baydala, 340 Sunny Lane, Franklin Square, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-33 & Bulk Schedule for permission to construct addition which will reduce averaqe setback as established. Location of property: S/S Oak Aven~e, Southold, Map of Goose Bay Estates, Lots 255, 256, 257. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen~ On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T.), May 22, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Patrick Carrig, Richmond Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 A for per- mission to construct radio tower which will exceed permitted heiqht. Location of property~ E/S Richmond Road, bounded on the-north by A. Bondarchuk; east by J. Frank & Ors; south bY now or formerly Armstrong; west by Richmond Road. Vote of the Board: Ayes:- Messrs" Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeats set 9:40 P.M. (E.~..S.T.), May 22, 1975, at the~T~wn Office, Main ROad, Southold, New York as the time and place of hearing upon application of Richard Cron, Esq~ a/c Werner L. Adel, Jr., 1351 Woodside Avenue, BaldWin, N. Y. for a variance in accordance with the zoning Ordinance, Section 280A Town Law, for approval of access. Location of property: New private road off N/S Main Road, Mattituck, New York, bounded on the north by A. Surer; east by C. Beginski~& Ors; south by Main Road; west by A. Suter. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -27- May 1, 1975 On motion by Mr. Gillisple, seconded ~by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:55 P.M. (E.D.S.T.), May 22, 1975~ at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Angelo Angona, 57 Holmes Place, Lynbrook, N. Y. for a variance ~ accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 100-34 for permission to construct dwelling with insufficient setback on private right of way. Location of property: Manhanset Avenue & R.O.W., Greenport, N. Y., bounded on the north by C. Reinfort; east by R.O.W. Pell; south by Manhanset Avenue; west by E. Kowalski. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. The meeting was adjourned at 10:30 P.M. APPROVED Respectfully submitted, Marj erie McDermott Secretary Robert W. Gillispie, Jr., Chairman'